Boundary Disputes
Boundary Dispute Solicitors
Boundary disputes can be frustrating and expensive to resolve. Whether your dispute is straightforward or complex, our specialist property litigation team will give you honest advice about your options whilst supporting you through your legal case.
What is a boundary?
A boundary is an imaginary line separating two or more properties. It does not exist in any physical form, although many people choose to mark their boundary with a fence or wall.
Why do boundary disputes happen?
Most neighbours live side-by-side without any boundary problems. Sometimes, however, the neighbours have a different opinion about where the boundary lies, or they may disagree about the type or quality of boundary structure that’s being erected.Getting caught up in a long-running boundary dispute can be stressful, and emotions can run surprisingly high when you’re not seeing eye-to-eye with your neighbour. Our property dispute lawyers focus is on helping you find a resolution that’s as fair and proportionate as possible. We have a dedicated team of boundary dispute lawyers who deal with all types of boundary, fence and hedge disputes. We work hard to settle disputes by negotiation first, to stop costs from spiralling out of control.
Is a boundary dispute the same as a neighbour dispute?
While boundary disputes are common, they are not the only reason why neighbours may have a disagreement. The following are all types of neighbour disputes that do not include the position of fences, hedges, walls or trees:
- Parking disputes
- Rights of way disputes
- Rights to light and other easements
- Use and maintenance of shared gutters, pipes, drains and sewers
- Getting access to each other’s land, usually for repair purposes
- Using a property in breach of a restrictive covenant in the title deeds
- Trespass e.g. a neighbour walking over your land without permission
- Nuisance claims e.g. escaped water or damage due to tree roots
- Privacy invasion where. CCTV cameras overlook your home or garden
- Noise, harassment and anti-social behaviour
There are many other issues that can arise between neighbours and this is not a complete list. What they have in common is their impact on your quality of life. Even a small dispute can ruin the enjoyment of your property, so it’s best to seek legal advice before matters escalate out of control.
How do I determine a boundary line?
The exact layout of boundaries can be surprisingly complex. Land Registry plans are not always precise and we often have to trawl through the pre-registration title deeds to find an accurate map of a boundary. Even then, the ‘paper’ boundary can change significantly over time by moving or replacing structures on the ground. Untangling the history of these changes is difficult, and specialist legal advice is essential for getting to the bottom of your ownership rights. From a practical perspective, a large proportion of disputes can be avoided by obtaining a high-quality survey to show the position of the boundary on the ground. If that’s not possible or the parties still don’t agree, we can open legal negotiations with your neighbour to bring the matter to a satisfactory conclusion.
How can I resolve an encroachment dispute?
Encroachment deals with the situation where one party’s property extends onto their neighbour’s property without permission. Some encroachments are relatively minor, such as tree branches or greenery spilling over the boundary. Depending on the circumstances, minor encroachments can often be resolved by asking your neighbour to trim back the tree or shrub, or doing it yourself. Major encroachments are more likely to need a legal resolution. Examples include:
- Fences or walls built on the wrong side of the boundary line
- Home extensions, garages or garden structures constructed on neighbouring land
- Balconies that extend over the boundary
- Septic tanks or drainage pipes that cross into a neighbour’s land
- Building on communal land over which you have legal rights
The starting point for any encroachment dispute is to establish the property’s legal boundary, typically by obtaining a boundary survey report from a chartered surveyor. This will help you and your solicitor determine the extent of the encroachment. What happens next depends on how much land has been encroached upon and the status of the building work. If the work has only just started, it may be possible to seek an injunction. This will force your neighbour to stop the construction while you negotiate an agreement or take the matter to court. Where the encroachment has been in place for a long time, it may be possible to claim adverse possession of the land under the law of ‘squatters’ rights’. This is a complex and technical area of law that requires expert legal advice before taking action. Your solicitor may recommend that you legitimise the encroachment by re-drawing the legal boundary. You may also claim damages for the loss of value and enjoyment of your property caused by the encroachment. In extreme cases, it may be possible to seek a court order for the complete removal of the encroaching structure. This is typically a last resort and would only be considered where all other avenues have been exhausted or where there is a risk of significant damage to your property.
What is a boundary agreement?
Where a boundary dispute is resolved by discussion with a neighbour—with or without the help of a solicitor or mediator—you may find it sensible to record the outcome in a boundary agreement. This short document describes the exact location of a boundary on the ground, usually by attaching a professional survey map. The agreement can also record who is responsible for repairing and maintaining the shared boundary structure. A solicitor or professional surveyor can help you draft the agreement to ensure it is accurate and legally enforceable. The benefit of having a boundary agreement is that it can prevent future disputes from arising by clearly defining each party’s ownership, rights and responsibilities. You can ask the Land Registry to place a note of the boundary agreement on each neighbour’s title deeds, so any future buyer is aware of the agreement. Sometimes, neighbours will agree to move the boundary line as part of a boundary agreement. In circumstances where there is clearly a transfer of land involved, you will need to formally transfer the relevant area between the two properties. A conveyancing solicitor can help you with this.
What can I do if a neighbour has removed a boundary fence?
There is no obligation to mark out a boundary with walls or fences, but many homeowners choose to do so. Sadly, this everyday act can open up a number of possible disputes, such as:
- Erecting the fence in the wrong position
- Erecting a higher fence than usual, blocking out light to the neighbour’s home
- Erecting a fence in breach of local regulations or a binding restriction in the title deeds
- Installing an unsightly fence
- Failing to keep a shared fence in good repair
When fence disputes arise, it’s important to seek a swift resolution. These types of disputes can quickly escalate out of all proportion to the value of the property. You should consider seeking expert assistance to ensure the issue is handled amicably, fairly and with minimum hassle.
What can I do if my neighbour’s hedge is too high?
Your neighbour does not usually need permission to plant a hedge in their garden. However, there are legal options to help you if the hedge grows too high and is blocking light, views or access. The laws about hedges are complicated, and different considerations may apply depending on the type of hedge, where it is located, and whether the hedge is simply annoying or causes a threat to your property. At Osbornes, we have extensive knowledge surrounding the more serious high-hedge disputes. We can advise of the various options open to you, including making a complaint to your local council if the hedge is a nuisance.
How to win a boundary dispute
At Osbornes Law, we can help with all types of residential boundary disputes, including:
- Disagreement over where a boundary lies
- Objecting to or defending plans to build at or close to a boundary
- Making sure a neighbour complies with their duty to repair a shared boundary
- Injunctions to stop building work that encroaches on your land
- Disputes over high hedges that block out light or a view
- Putting the right Party Wall Agreements in place when doing work on a shared boundary
Boundary disputes can have far-reaching consequences. If the matter goes to court and the decision goes against you, you may have to remove a fence, wall or building and reconstruct it in the correct position. It’s important to seek specialist legal help to resolve your dispute as quickly as possible.
Can you sell a house with a boundary dispute?
Yes, you can sell a house with a boundary dispute, but it can complicate the process. Here are some important considerations:
- Sellers are legally required to disclose any disputes or issues related to the property. Being upfront about the boundary dispute can help prevent future legal issues and build trust with potential buyers.
- Be aware that a boundary dispute may deter potential buyers or reduce their confidence in the purchase. This could potentially affect the property’s market value. Be prepared to adjust the asking price to account for the unresolved dispute or present solutions to the buyers, such as covering legal costs to resolve the dispute post-sale
- If you are concerned about the impact on the sale of your home, attempt to resolve the dispute amicably with your neighbour before listing the property.
Selling a house with a boundary dispute is feasible but requires careful handling. Work closely with your conveyancing solicitor to ensure all that you don’t get caught out.
Why choose Osbornes for your boundary dispute?
At Osbornes, as part of our property litigation team, our boundary dispute specialists have more than 40 years of experience dealing with boundary, fence and high-hedge disputes. We’re fully accredited by the Solicitors Regulation Authority, recommended by the country’s top independent guides to the legal profession, and proudly featured in the Times Best Law Firms. By working with us, you can rest assured that we will always be there for you, fighting your corner.To learn more, contact Osbornes’ residential boundary disputes team today for a free, no-obligation discussion.
To speak with one of our solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
Shilpa really helped us take charge of the situation and helped resolve this property dispute. I would not hesitate to recommend her or the team to anyone in a similar situation.
On first meeting Shilpa I was sure that she understood immediately my requirements, and was sympathetic both to my financial restraints and my emotional state. She achieved everything I asked of her and proved to be invaluable, professional and efficient
At every step Shilpa alleviated any concerns and stresses we had. Always fast to respond, always professional and super knowledgeable.
Shilpa has helped us through some key property litigation matters (residential and commercial) since 2014 and has delivered on every occasion. One particular issue had kept us in a state of stress and tension for almost a decade and after getting in touch with Shilpa she was able to help us bring the matter to a peaceful and successful conclusion.
I received a call from Shilpa Mathuradas a couple of hours after filling the enquiry form for a callback. She actively listened to my party wall concerns responding with gentle professionalism, answering my concerns, letting me know what is and is not possible and when best to bring in a solicitor. All this within 10 minutes. Excellent.
"They are an outstanding firm to work with. They are consistently impressive in their work."
Excellent in every aspect.
If I had another reason to have to seek legal advice again, I wouldn’t hesitate to use Shilpa, and would recommend her to anybody who needed legal advice.
Shilpa was professional, realistic, and unflappable. Shilpa managed to persuade a reluctant witness to come forward to support my case. She obviously knows her subject very well.
I always had full confidence in Shilpa keeping my best interests at heart. I often didn’t understand the legal language, and she would follow this up with a phone call and patiently explain.
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Housing and Social CareShilpa Mathuradas
Partner
Property LitigationMuna Adam
Solicitor
Property LitigationSean Hughes
Trainee Solicitor
Property LitigationJames Mayall
Solicitor
Property LitigationEllie McEvoy
Paralegal
Property LitigationAlex McMahon
Senior Associate
Housing and Social CareLeopoldine Mineo
Solicitor
Property LitigationAlex Panayi
Solicitor
Property LitigationHeena Shah
Solicitor
Property LitigationAnna Van-Haute
Paralegal
Property LitigationEmma Vincent Miller
Solicitor
Housing and Social CareView the
whole team